Mr Jeff Kit Chu v Artful Blend Limited — 2024

The Claimant was employed as a store manager by the Respondent, a hospitality business, from 5 March 2023 until his resignation took effect on 17 November 2023. His final payslip of 30 November 2023 contained deductions and underpayments which formed the basis of his complaint, presented on 2 January 2024. Employment Judge Suzanne Palmer, sitting alone at East London Hearing Centre via CVP on 29 April 2024, identified the issues as the Claimant's last day of employment, his contractual pay entitlement, whether the Respondent could make the various deductions, and the extent of his accrued holiday entitlement.

The Tribunal found that the Claimant's contractual salary was based on 40 hours per week and that the Respondent was not entitled to recover purported overpayments calculated by reference to rostered hours. The Respondent had not discharged the burden of proving entitlement to the £300 deduction labelled "uniform / breakages / negligence / wastage / stock mismanagement / loss of business", save for £60 attributable to uniform. The remaining £240, together with the £562.50 "overpayment" recovery, were therefore unauthorised deductions. On holiday pay, the judge held that the Claimant had been effectively prevented during his probationary period from taking paid leave accruing in March 2023, so he was entitled to be paid on termination for all leave accrued between 5 March and 17 November 2023 (158 hours), leaving an 18-hour shortfall.

On notice pay, the judge concluded that the Claimant should have continued to be paid at his contractual monthly rate until 17 November 2023, producing a £175 gross shortfall awarded as damages for breach of contract and grossed up to reflect tax treatment. The total sum ordered to be paid within 14 days was £1,165.42, comprising £802.50 unpaid wages, £187.92 holiday pay and £175 notice pay.